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2 C.F.R. §§ 200.402–200.411

10 sections in range

§200.402. Composition of costs.

2 C.F.R. § 200.402

The total cost of a Federal award is the sum of the allowable direct and allocable indirect costs minus any applicable credits
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.403. Factors affecting allowability of costs.

2 C.F.R. § 200.403

Except where otherwise authorized by statute, costs must meet the following criteria to be allowable under Federal awards:
(a)
Be necessary and reasonable for the performance of the Federal award and be allocable thereto under these principles.
(b)
Conform to any limitations or exclusions set forth in these principles or in the Federal award as to types or amount of cost items.
(c)
Be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the recipient or subrecipient.
(d)
Be accorded consistent treatment. For example, a cost must not be assigned to a Federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the Federal award as an indirect cost.
(e)
Be determined in accordance with generally accepted accounting principles (GAAP), except, for State and local governments and Indian Tribes only, as otherwise provided for in this part.
(f)
Not be included as a cost or used to meet cost sharing requirements of any other federally-financed program in either the current or a prior period. See § 200.306(b).
(g)
Be adequately documented. See §§ 200.300 through 200.309.
(h)
Administrative closeout costs may be incurred until the due date of the final report(s). If incurred, these costs must be liquidated prior to the due date of the final report(s) and charged to the final budget period of the award unless otherwise specified by the Federal agency. All other costs must be incurred during the approved budget period. At its discretion, the Federal agency is authorized to waive prior written approvals to carry forward unobligated balances to subsequent budget periods. See § 200.308(g)(3).
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.404. Reasonable costs.

2 C.F.R. § 200.404

A cost is reasonable if it does not exceed an amount that a prudent person would incur under the circumstances prevailing when the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration must be given to the following:
(a)
Whether the cost is generally recognized as ordinary and necessary for the recipient's or subrecipient's operation or the proper and efficient performance of the Federal award;
(b)
The restraints or requirements imposed by such factors as sound business practices; arm's-length bargaining; Federal, State, local, tribal, and other laws and regulations; and terms and conditions of the Federal award;
(c)
Market prices for comparable costs for the geographic area;
(d)
Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the recipient or subrecipient, its employees, its students or membership (if applicable), the public at large, and the Federal Government; and
(e)
Whether the cost represents a deviation from the recipient's or subrecipient's established written policies and procedures for incurring costs.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.405. Allocable costs.

2 C.F.R. § 200.405

(a)
Allocable costs in general. A cost is allocable to a Federal award or other cost objective if the cost is assignable to that Federal award or other cost objective in accordance with the relative benefits received. This standard is met if the cost satisfies any of the following criteria:
(1)
Is incurred specifically for the Federal award;
(2)
Benefits both the Federal award and other work of the recipient or subrecipient and can be distributed in proportions that may be approximated using reasonable methods; or
(3)
Is necessary to the overall operation of the recipient or subrecipient and is assignable in part to the Federal award in accordance with these cost principles.
(b)
Allocation of indirect costs. All activities which benefit from the recipient's or subrecipient's indirect cost, including unallowable activities and donated services by the recipient or subrecipient or third parties, will receive an appropriate allocation of indirect costs.
(c)
Limitation on charging certain allocable costs to other Federal awards. A cost allocable to a particular Federal award may not be charged to other Federal awards (for example, to overcome fund deficiencies or to avoid restrictions imposed by Federal statutes, regulations, or the terms and conditions of the Federal awards). However, this prohibition would not preclude the recipient or subrecipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards.
(d)
Direct cost allocation principles. If a cost benefits two or more projects or activities in proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit. However, when those proportions cannot be determined because of the interrelationship of the work involved, then, notwithstanding paragraph (c), the costs may be allocated or transferred to benefitted projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized under a Federal award, the costs are assignable to the Federal award regardless of the use that may be made of the equipment or other capital asset involved, when no longer needed for the purpose for which it was originally required. See also §§ 200.310 through 200.316 and 200.439.
(e)
Costs of contracts subject to CAS. If a contract is subject to CAS, costs must be allocated to that contract according to the Cost Accounting Standards, which take precedence over the allocation provisions in this part.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.406. Applicable credits.

2 C.F.R. § 200.406

(a)
Applicable credits refer to transactions that offset or reduce direct or indirect costs allocable to a Federal award. Examples of such transactions are purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance refunds or rebates, and adjustments of overpayments or erroneous charges. To the extent that such credits accruing to or received by the recipient or subrecipient relate to allowable costs, they must be credited to the Federal award either as a cost reduction or cash refund, as appropriate.
(b)
In some instances, the amounts received from the Federal Government to finance activities or service operations of the recipient or subrecipient should be treated as applicable credits. Specifically, the concept of netting such credit items (including any amounts used to meet cost sharing requirements) must be recognized in determining the rates or amounts to be charged to the Federal award. See §§ 200.436 and 200.468 for potential application areas.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.407. Prior written approval (prior approval).

2 C.F.R. § 200.407

The reasonableness and allocability of certain costs under Federal awards may be difficult to determine. To avoid subsequent disallowance or dispute based on unreasonableness or nonallocability, the recipient may seek the prior written approval of the Federal agency (or, for indirect costs, the cognizant agency for indirect costs) before incurring the cost. The absence of prior written approval on any element of cost will not, in itself, affect the reasonableness or allocability of that cost unless prior approval is specifically required for allowability as described under certain circumstances in the following sections:
(a)
Section 200.306 Cost sharing;
(b)
Section 200.307 Program income;
(c)
Section 200.308 Revision of budget and program plans;
(d)
Section 200.333 Fixed amount subawards;
(e)
Section 200.430 Compensation—personal services, paragraph (h);
(f)
Section 200.431 Compensation—fringe benefits;
(g)
Section 200.439 Equipment and other capital expenditures;
(h)
Section 200.440 Exchange rates;
(i)
Section 200.441 Fines, penalties, damages and other settlements;
(j)
Section 200.442 Fund raising and investment management costs;
(k)
Section 200.445 Goods or services for personal use;
(l)
Section 200.447 Insurance and indemnification;
(m)
Section 200.455 Organization costs;
(n)
Section 200.458 Pre-award costs;
(o)
Section 200.462 Rearrangement and reconversion costs;
(p)
Section 200.475 Travel costs.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.408. Limitation on allowance of costs.

2 C.F.R. § 200.408

Statutory requirements may limit the allowability of costs. Any costs that exceed the maximum amount allowed by statute may not be charged to the Federal award. Only the amount allowable by statute may be charged to the Federal award.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.409. Special considerations.

2 C.F.R. § 200.409

Other sections in this part describe special considerations and requirements applicable to states, local governments, Indian Tribes, and IHEs. In addition, certain provisions among the items of cost in this subpart are only applicable to certain types of recipients and subrecipients, as specified in the following sections:
(a)
Direct and Indirect Costs (§§ 200.412-200.415);
(b)
Special Considerations for States, Local Governments and Indian Tribes (§§ 200.416 and 200.417); and
(c)
Special Considerations for Institutions of Higher Education (§§ 200.418 and 200.419).
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.410. Collection of unallowable costs.

2 C.F.R. § 200.410

Payments made for costs determined to be unallowable by either the awarding Federal agency, cognizant agency for indirect costs, or pass-through entity must be refunded with interest to the Federal Government. Unless directed by Federal statute or regulation, repayments must be made in accordance with the instructions provided by the Federal agency or pass-through entity that made the allowability determination. See §§ 200.300 through 200.309, and § 200.346.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.

§200.411. Adjustment of previously negotiated indirect cost rates containing unallowable costs.

2 C.F.R. § 200.411

(a)
Negotiated indirect cost rates based on a proposal later found to have included costs that—
(1)
Are unallowable as specified by Federal statutes, regulations or the terms and conditions of a Federal award; or
(2)
Are unallowable because they are not allocable to the Federal award(s), must be adjusted, or a refund must be made in accordance with the requirements of this section. These adjustments or refunds are intended to correct the proposals used to establish the rates and do not constitute a reopening of the rate negotiation. The adjustments or refunds must be made regardless of the type of rate negotiated (predetermined, final, fixed, or provisional).
(b)
For rates covering a future fiscal year of the recipient or subrecipient, the unallowable costs must be removed from the indirect cost pools and the rates must be adjusted.
(c)
For rates covering a past period, the Federal share of the unallowable costs must be computed for each year involved, and a cash refund (including interest) must be made to the Federal Government in accordance with the directions provided by the cognizant agency for indirect costs. When cash refunds are made for past periods covered by provisional or fixed rates, appropriate adjustments must be made when the rates are finalized to avoid duplicate recovery of the unallowable costs.
(d)
For rates covering the current period, either a rate adjustment or a refund, as described in paragraphs (b) and (c) of this section, must be required by the cognizant agency for indirect costs. The choice of method must be at the discretion of the cognizant agency for indirect costs, based on its judgment as to which method would be most practical.
(e)
The amount or proportion of unallowable costs included in each year's rate will be assumed to be the same as the amount or proportion of unallowable costs included in the base year proposal used to establish the rate.
Notes, amendments, and revision history

Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.

Source

Source: 89 FR 30136, Apr. 22, 2024, unless otherwise noted.